What is the test for using foreign law in a domestic proceeding?
Ontario, Canada
The following excerpt is from Das v George Weston Limited, 2017 ONSC 4129 (CanLII):
The second preliminary point is that a domestic court will apply its domestic law for both procedural and substantive law matters, unless the parties make an issue of the choice of law. The choice of law question does not arise unless one of the party raises the issue; if neither party makes an allegation about the choice of law, the domestic court resolves the dispute using domestic law, the lex fori: Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980] 2 S.C.R. 834 at pp. 853-54. It is presumed that the foreign law is the same as the domestic law unless the content of foreign law is proven as a factual matter.
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